Arthur JS Hall & Co v Simons (Costs) [1998] EWCA Civ 1944 (14 December 1998)

Arthur JS Hall & Co v Simons (Costs) [1998] EWCA Civ 1944 (14 December 1998)

The Court ordered that costs be taxed (including legal aid taxation where relevant) but that no payment be made under such orders pending the final outcome of the proceedings. Leave to appeal to the House of Lords was refused, with the Court holding that petitions for leave should be made directly to the House of Lords due to the disproportionate costs relative to the sums at stake and the existence of other potentially more suitable appeals.

Citation
[1998] EWCA Civ 1944
Parties
Respondent/plaintiff: Arthur J S Hall & Co; Appellant/defendant: Melvyn Keith Simons; Appellant/plaintiff: Barratt; Respondent/defendant: Woolf Seddon; Appellant/plaintiff: Cockbone; Respondent/defendant: Atkinson Dacre & Slack; Respondent/plaintiff: Harris; Appellant/defendant: Scholfield Roberts & Hill
Jurisdiction
England and Wales
Judgment Date
14 December 1998
Procedural Posture
Appeal / Post Judgment, Costs and Leave to Appeal Discussion
Outcome
Costs taxed (including legal aid taxation where relevant), but no payment pending final outcome; leave to appeal to House of Lords refused.
Legal Topics
Costs, Legal Aid Taxation, Leave to Appeal, Advocates' Immunity
Civil Procedure Professional Negligence Costs Legal Aid Taxation Leave to Appeal Advocates' Immunity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Arthur J S Hall & Co

Respondent/plaintiff

Melvyn Keith Simons

Appellant/defendant

Barratt

Appellant/plaintiff

Woolf Seddon

Respondent/defendant

Cockbone

Appellant/plaintiff

Atkinson Dacre & Slack

Respondent/defendant

Harris

Respondent/plaintiff

Scholfield Roberts & Hill

Appellant/defendant

Procedural Posture

Appeal / Post Judgment, Costs and Leave to Appeal Discussion

Legal Issues

  1. 1 Whether costs should be taxed and/or paid before final determination of proceedings
  2. 2 Whether leave to appeal to the House of Lords should be granted in cases raising issues of advocates' immunity and strike-out procedures

Ratio Decidendi

The Court ordered that costs be taxed (including legal aid taxation where relevant) but that no payment be made under such orders pending the final outcome of the proceedings. Leave to appeal to the House of Lords was refused, with the Court holding that petitions for leave should be made directly to the House of Lords due to the disproportionate costs relative to the sums at stake and the existence of other potentially more suitable appeals.

Court Disposition

Costs taxed (including legal aid taxation where relevant), but no payment pending final outcome; leave to appeal to House of Lords refused.

Orders

  • Taxation and legal aid taxation of costs in all cases as relevant.
  • No payment under any such order pending final outcome of proceedings.